Good Faith in Commercial Law and the UNIDROIT Principles of International Commercial Contracts
![handle is hein.journals/psilr23 and id is 517 raw text is: Good Faith in Commercial Law and the
UNIDROIT Principles of International
Commercial Contracts
Dr. Laureano F. Gutierrez Falla*
I. Introduction
The meaning of the words good faith have eluded law students since
their original conception. Good faith is an ancient ethical concept that has
influenced philosophical, moral, and juridical institutions throughout their
continuing evolution. Today, it serves as a basic principle of legislative and
judicial decision-making that tries to join, as much as possible, the cold
terms of a given law with what is just and equitable under the social-
political circumstances of the moment. Good faith is a dynamic concept,
and though it maintains its own idiosyncrasy, this has not prevented it from
evolving within the political and social fabric of nations.'
II. What Do the Words Good Faith Mean?
The first problem that confronts a law student or lawyer is defining the
very concept: what is good faith? Though commentators such as Italy's
Natoli maintain that it is impossible to conceive a precise definition of the
rules of good faith,2 it is possible to find several concepts of good faith in
the variety of interpretations adopted by authors who have analyzed this
principle. For example, Atienza believes good faith consists of the
conviction of acting in accordance with the law.3 A broad concept
* Professor of Law, Universidad Nacional Auton6ma de Honduras and the
Universidad Tecnol6gica Centroamericana.
. 1. Arrubla Paucar & Jaime Alberto, Contratos Mercantiles [Mercantile Contracts],
in Editorial Biblioteca Juridica Dike [Dike Editorial Law Library] Volume 1, 91 (8h
ed. 1998).
2. See Natoli U., L'attuazione del rapporto obbligatorio: 1l comportamento del
debitore [The Performance of the Obligatory Relationship: The Behavior of the Debtor] (2d
ed. 1984).
3. See Humberto Podetti, Deberes de las partes al momento de extinguirse el
contrato de trabajo [The Duties of the Parties at the Time of Performing a Work
Contract] R.D.C.O., 76 (1977).](ViewImageLocal?handle=hein.journals/psilr23&div=29&collection=&method=preview&ext=.png&size=3)
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Good Faith in Commercial Law and the UNIDROIT Principles of International Commercial Contracts
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